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CONSTITUTIONAL AMENDMENTS 


Submitted to the People by the Legislature, and those proposed by Initia¬ 
tive Petition of the People, and 

ACTS 


Passed at the Regular and First Special Sessions of the First State Legis¬ 
lature, 1912, against which Referendums were Filed, 


ALL OF WHICH WERE APPROVED BY THE 
QUALIFED ELECTORS OF THE STATE 

AT THE 

Election Held on November the Fifth, 1912 

And became laws on the Proclamation of the Governor, is¬ 
sued on December the Fifth, 1912 


(Printed in accordance with Sec. 1, of Chap. 71, Special Session, Laws of 1912.) 




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Constitutional Amendments 


Chapter Page 

1. An Act entitled, An Act to amend section one of Article VIII 

of the Constitution of the State of Arizona, and to provide 
for the submission of such proposed amendment to the people 
of the State of Arizona . 1 

2. A Joint Resolution to amend Article II of the Constitution of 

the State of Arizona, and to provide for the submission of 
such proposed Amendment to the vote of the people of the 
State of Arizona . 2 

3. An Act to amend Section 11 of Article IX of the Constitution 

of the State of Arizona, and to provide for the submission 

of such proposed amendment to the people of the State of 
Arizona . 3 

4. An Act to amend Section 8 of Article IX of the Constitution 

of the State of Arizona, and to provide for the submission 

of such proposed amendment to the vote of the people of the 


State of Arizona . 4 

5. Woman Suffrage Amendment—amending Sections 2 and 15 of 

Article VII of the Constitution of the State of Arizona. 5 

V 










REFERENDUM 


Chapter Page 

1 An Act to amend Paragraph 2904 (Section 25) of Chapter II, 

Title 40, of the Revised Statutes of Arizona, 1901, relating 
to liens .-. 1-2 

2. An Act regulating the number of men to be employed on trains 

and engines . 3-5 

3. An Act regulating head lights on all locomotives; and provid¬ 

ing a penalty for violation of the provisions of this Act. 6-7 

4. An Act to provide adequate punishment for any person who 

shall engage or act in the capacity of a locomotive engineer 
or train conductor, upon any railroad in the State of Arizona, 
without having first served three years as a locomotive fire¬ 
man or enginer, or if engaged as a conductor on any railroad 
train in this State, he shall be punished as herein provided, 
if he engages to so act without first having served three years 
as a brakeman or conductor of a freight train; to punish 
any person who shall knowingly engage, promote, require, 
persuade, prevail upon or cause any person to do any act 
in violation of this Act; but exempting lines operating of 
less than twenty-five miles in length, from the operation 
of this Act . 7-9 

5. An Act Limiting the number of cars in a train.9-10 

6. An Act to provide for and to regulate transportation of pas¬ 

sengers by common carriers on railroads within the State 
of Arizona .;.10-11 

An Act to amend Paragraphs 615 and 617 of Part 1, Title 
XVII of the Penal Code, Revised Statutes of Arizona, 1901, 
said title relating to miscellaneous crimes.12-13 

8. An Act to regulate and license the hunting of game birds and 
animals; to provide revenue therefrom; to preserve game; 
and to make appropriation for the purpose of carrying out 
the provisions of this Act .13-26 











Constitutional Amendment 


Sec. 1. of Article VIII of the Constitution of the State of 
Arizona shall be amended so as to read as follows: 

“ARTICLE VIII. 

REMOVAL FROM OFFICE. 

1. RECALL OF PUBLIC OFFICERS. 

Sec. 1. Every public officer in the State of Arizona, hold¬ 
ing an elective office, either by election or appointment, is 
subject to recall from such office by the qualified electors oif 
the electoral district from which candidates are elected to 
such office. Such electoral district may include the whole 
State. Such number of said electors as shall equal twenty-five 
per centum of the number of votes cast at the last preceding 
general election for all of the candidates for the office held 
by such officer, may by petition, which shall be known as a 
Recall Petition, demand his recall.” 


NOTE.—The foregoing amendment was submitted to the people by 
the Legislature, filed in the office of the Secretary of State April 27th, 1912, 
and approved by a majority of the votes cast thereon at the general elec¬ 
tion, on the 5th day of November, 1912. There were 16,272 votes cast for 
said amendment and 3,705 against, and was proclaimed by the Governor 
on December 5th, 1912. 


SECRETARY OF STATE. 




2 


CONSTITUTIONAL AMENDMENTS 


CONSTITUTIONAL AMENDMENT. 


Article II of the Constitution of the State of Arizona, shall 
be amended by creating and adding to said Article II another 
section to read as follows: 

“ARTICLE IL 

DECLARATION OF RIGHTS. 

“Sec. 34. The State of Arizona and each municipal cor¬ 
poration within the State of Arizona shall have the fight to 
engage in industrial pursuits.” 


NOTE.—The foregoing amendment was submitted to the people by 
the Legislature, filed in the office of the Secretary of State May 1, 1912, 
and approved by a majority of the votes cast thereon at the geenral elec¬ 
tion, on the 5th day of November, 1912. There were 14,928 votes cast for 
said amendment and 3,602 against, and was proclaimed by the Governor 
on December 5th, 1912. 


SECRETARY OF STATE. 




CONSTITUTIONAL AMENDMENTS 


3 


CONSTITUTIONAL AMENDMENT. 


Sec. 11. of Article IX of the Constitution of the State of 
Arizona shall l)e amended so as to read as follows: 

“ARTICLE IX. 

PUBTJC DEBT, REVENUE AND TAXATION. 

Sec. 11. The manner, method and mode of assessing, 
ecjualizing and levying taxes in the State of Arizona shall be 
such as may be prescribed by law.” 


NOTE.—The foregoing amendment was submitted to the people by 
the Legislature, filed in the office of the Secretary of State May 18, 1912, 
and approved by a majority of the votes cast thereon at the general elec¬ 
tion, on the 5th day of November, 1912. There were 15.967 votes cast for 
said amendment and 2,283 against, and was proclaimed by the Governor 
on December 5th, 1912. 


SECRETARY OF STATE. 




4 


CONSTITUTIONAL AMENDMENTS 


CONSTITUTIONAL AMENDMENT. 


Sec. 8 of Article IX of the Constitution of the State oif 
Arizona shall be amended to read as follows: 

‘‘ARTICLE IX. 

PUBLIC DEBT, REVENUE AND TAXATION. 

Sec. 8. No County, city, town, school district, or other 
municipal corporation shall for any purpose become indebted 
in any manner to an amount exceeding four per centum of the 
taxable property in such county, city, town, school district, 
or other municipal corporation, without the assent of a major¬ 
ity of the property taxpayers, who must also in all respects 
be qualified electors, therein voting at an election provided 
by law to be held for that purpose, the value of 'the taxable 
property therein to be ascertained by the last assessment 
for State and county purposes, previous to incurring such in¬ 
debtedness ; except, that in incorporated cities and towns 
assessments shall be taken from the last assessment for city 
or town purposes; “Provided, that under no circumstances 
shall any county or school district become indebted to an 
amount exceeding ten per centum of such taxable property, 
as shown by the last assessment roll thereof; and Provided, 
further, “that any incorporated city or town, with such assent, 
may be allowed to become indebted to a larger amount, but 
not exceeding fifteen per centum additional, for supplying 
such city or town with water, artificial light, or sewers, when 
the works for supplying such water, light or sewers are or 
shall be owned and controlled by the municipality.” 


NOTE.—The foregoing amendment was submitted to the people by 
the Legislature, filed in the office of the Secretary of State June 6th, 1912, 
and approved by a majority of the votes cast thereon at the general elec¬ 
tion, on the 5th day of November, 1912. There were 15,358 votes cast for 
said amendment and 2,676 against, and was proclaimed by the Governor 
on December 5th, 1912. 


SECRETARY OF STATE. 




CONSTITUTIONAL AMENDMENTS 


5 


CONSTITUTIONAL AMENDMENT. 


Sections 2 and 15, of Article VII, of the Constitution of 
Arizona, be and are hereby amended to read as follows, to- 
wit: 

“ARTICLE VII. 

SUFFRAGE AND ELECTIONS 

Sec. 2. No person shall l)e entitled to vote at any general 
election, or for any office that now is, or hereafter may be, 
elective by the people, or upon any question which may be 
submitted to a vote of the people, unless such person be a citi¬ 
zen of the United States of the age of twenty-one years or 
over, and shall have resided in the State one year immediately 
preceding such election. The word “citizen” shall include 
persons of the male and female sex. 

The rights of citizens of the United States to vote and 
hold office shall not be denied or abridged by the state, or any 
political division or municipality thereof, on account of sex, 
and the right to register, to vote and to hold office under any 
law now in effect, or which may hereafter be enacted, is here¬ 
by extended to, and conferred upon males and females alike. 

No person under guardianship, non compos mentis, or 
insane, shall be qualified to vote at any election, nor shall any 
person convicted of treason or felony, be qualified to vote at 
any election unless restored to civil rights. 

Sec. 15. Every person elected or appointed to any office 
of trust or profit under the authority of the state, or any politi¬ 
cal division or any municipality thereof, shall be a qualified 
elector of the political division or municipality in which said 
person shall be elected or appointed. 

NOTE.—The foregoing amendment was submitted to the people by 
Initiative Petition, filed in the office of the Secretary of State July 5th, 
1912, and approved by a majority of the votes cast thereon at the general 
election, on the 5th day of November, 1912. There were 13,442 votes cast 
for said amendment and 6,202 against, and was proclaimed by the Gov¬ 
ernor on December 5th, 1912. SECRETARY OF STATE. 





REFERENDUM 


HOUSE BILL NO. 97 
(Cliapter 66, f.aws 1912.) 
yVN ACT 

To Amend Paragraph 2904 (Section 25) of Chapter II, Title 

40, of the Revised Statutes of Arizona, 1901, Relating to 

Liens. 

Be it Unacted by the Legislature of the State of Ari.vona : 

Section 1. That Paragraph 2904 (Section 25) of Chapter 
II, Title 40, of the Revised Statutes, 1901, be and the same is 
hereby amended to read as follows: 

2904. (Section 25.) All miners, laborers and others who 
may labor, and all persons who may furnish material of any 
kind, designed or used, in or upon any mine, or mining claim, 
and to whom any sum is due for such labor or material, shall 
have a lien upon the same for such sums as are unpaid. And 
said lien for labor performed, or material furnished, shall at¬ 
tach to said mine, or mining claim, whenever said labor was 
performed, or said material was furnished in or upon said 
mine, or mining claim, under any of the following conditions: 

1. Under or by virtue of a contract between the person 
performing such labor, or furnishing said material, and the 
owner of said mining claim, or his agent, trustee, receiver, 
contractor or contractors. 

2. Under or by virtue of a contract between the person 
performing such labor, or furnishing said material, and the 
lessee of said mine, or mining claim, or his agent, or contrac- 



8 


REFERENDUM 


tor, where the terms of the lease from the owner of said mine, 
or mining' claim, to said lessee, permit said lessee to develope 
or work said mine, or mining claim. 

3. Under or by virtue of a contract between persons 
performing said labor, or furnishing said material, and any 
person or corporation having an o])tion to buy, or contract to 
purchase said mine or mining claim, from the owner thereof, 
where said option or contract i)ermits the person, or corpo¬ 
ration, having said option to buy, or contract to purchase, to 
go upon said mine, or mining claim, and to work or develope 
the same. 

The lien herein provided f(')r shall attach to the mine, or 
mining claim, in or on which said labor was performed or mate¬ 
rial furnished, in preference to any prior lien, or encumbrance, 
or mortgage upon said mine, or mining claim, EXCIU^T such 
liens, encumbrances, or mortgages, which may have attached 
to any mine, or mining claim, ])rior to the passage of this Act. 

Section 2. All Acts and i^arts of Acts in conllict with the 
])rovisions of this Act are hereby repealed. 

Section 3. This Act shall take effect and be in force 
ninety days after the cl(')se of this session of the Legislature. 

NOTE.—The foregoing Act was passed by the Legislature and Refer¬ 
endum ordered by petition of the people, tiled in the office of the Secretary 
of State August 16, 1912, and approved by a majority of the votes cast 
thereon at the general election held on the 5th day of November, 1912. 
There were 13,551 votes cast for said Act and 5,804 against, and was pro¬ 
claimed by the Governor on December 5th, 1912. 


SECRETARY OF STATE. 



REFERENDUM 


9 


REFERENDUM 


MOUSE lULL NO. 44 
(Chapter 16, Laws of 1912.) 

AN ACT 

Regulating the Number of Men to be Employed on Trains and 

Engines. 

Be it Unacted by the Legislature of the State of Arizona : 

Section 1. A single locomotive, or a single locomotive 
with its accomi)anying tender, when operated outside of the 
yard limits, shall he e(|iii])i)cd with, and shall carry, a crew 
consisting of not less than one engineer, one fireman, and one 
conductor or dagman; Ih'ovided, however, that this Section 
shall not apply to helper locomotives going or returning a dis¬ 
tance of twenty-five (25) miles. 

Sec. 2. A passenger, mail or ex])ress train, com])osed of 
less than six cars, when operated outside of the yard limits, 
shall be equipped with and shall carry a crew consisting of 
not less than one engineer, one fireman, one conductor, one 
baggage-master, and one fiagman; Provided, however, that 
this Section shall not apply to gasoline motor cars. 

Sec. 3. A passenger, mail or express train composed of 
six or more cars, when operated outside of the yard limits, 
shall be equipped with and shall carry a crew consisting of 
not less than one engineer, one fireman, one conductor, one 
baggage-master, one flagman, and one brakeman. 

Sec. 4. A freight train composed of less than forty cars, 
when operated outside of the yard limits, shall be equipped 
with and shall carry a crew consisting of not less than one 
engineer, one fireman, one conductor, one flagman, and one 
brakeman. 



10 


REFERENDUM 


Sec. 5. A freight train composed of forty or more cars, 
when operated outside of the yard limits, shall be equipped' 
with and shall carry a crew consisting of not less than one 
engineer, one fireman, one conductor, one flagman and two 
brakemen. 

Sec. 6. All local freight trains, doing any switching, or 
unloading any freight of whatever nature, shall be equipped 
with and shall carry a crew consisting of six persons, to-wit: 
one conductor, one engineer, one fireman, two brakemen, and 
(me flagman. 

Sec. 7. All trains other than those described in the pre¬ 
ceding portions of this Act, when (Operated outside of the yard 
limits, shall be equipped with and shall carry a crew consist¬ 
ing of not less than one engineer, one fireman, one conductor, 
one flagman, and one brakeman. 

Sec. 8. That all flagmen mentioned in the preceding sec¬ 
tions shall have had at least one year’s experience as brake- 
men. 

Sec. 9. All engines used in switching or placing cars 
within the limits of any railroad yard shall be equipped with 
and shall carry a crew of not less than one engineer and one 
fireman. 

Sec. 10. That from and after the taking effect of this 
Act, it shall be unlawful for any railroad company, or for the 
receiver of any such company, to run upon or over any line 
of railroad, or any part thereof, within the State of Arizona, 
any train, locomotive, or engine, which is not equipped with 
or does not carry for use in its operation, a full crew as herein 
fixed and prescribed; and each and every railroad company or 
receiver that, after the taking efifect of this Act, shall run upon 
or over any line of railroad, or any part thereof, within the 
State of Arizona, any train, locomotive, or engine, which is not 
equipped with or does not carry for use in its operation a full 


REFERENDUM 


11 


crew as herein fixed and prescribed, shall be liable to the State 
of Arizona for a penalty of not less than One Hundred Dollars 
($100.00) for every such offense. 

Sec. 11. All suits for penalties under this Act shall be 
brought and prosecuted to judgment in the name of the State 
of Arizona, as plaintiff, in a court of competent jurisdiction in 
the county of Maricopa, or in any county in said State into or 
through which the defendant’s line or railroad may be oper¬ 
ated ; and such suits shall be brought and prosecuted by the 
Attorney General, or under his direction, or by the County 
Attorney of such county. 

Sec. 12. Nothing contained in this Act shall apply to relief 
or wrecking trains in any case where a sufficient number of men 
are not immediately available to comply with the provisions 
of this Act; or to any railroad less than forty miles long, in¬ 
cluding all of its operated lines; or to cases where trains have 
been sent out or started at the last division point with the 
requisite number of employes, but owing solely to the disa¬ 
bility or the refusal further to act of some one or more of such 
employes, the train is left with less than a full crew. Pro¬ 
vided, also, that no baggage-master shall be required in the 
operation of a train upon which baggage is not carried. 

Sec. 13. All Acts and parts of Acts in conflict with the 
provisions of this Act are hereby repealed. 


NOTE.—The foregoing Act was passed by the Legislature and Rcf^ 
crcnduni ordered by petition of the people, filed in the office of the Secre¬ 
tary of State August 14, 1912 and approved by a majority of the votes 
cast thereon at the general election held on the 5tb day of November, 1912. 
There were 11,123 votes cast for said Act and 7,635 against, and was pro¬ 
claimed by the Governor on December 5th, 1912. 

SECRETARY OF STATE. 



12 


REFERENDUM 


REFERENDUM 


HOUSE BILL NO. 42 
(Chapter 27, Laws of 1912.) 

AN ACT 

Regulating Head Lights on All Locomotives; and Providing 
a Penalty for Violation of the Provisions of this Act. 

Be it Enacted by the Legislature of the State of Arizona: 

Section 1. It shall be the duty of every railroad corpo¬ 
ration, or receiver or lessee thereof, operating any line of rail¬ 
road in this State, within six months after the passage of this 
Act, or within such additional time as may be prescribed by 
order of the Corporation Commission of Arizona, after such 
railroad has made a proper showing of its inability to comply 
to equip all locomotive engines, used in the transportation 
of trains over said railroad, with electric head lights of not 
less than fifteen hundred candle power, measured without the 
aid of a reflector; provided, that this Act shall not apply to* 
locomotive engines regularly used in the switching of cars or 
trains. 

Sec. 2. Any railroad compan}^ or receiver or lessee there¬ 
of doing business in the State of Arizona, which shall violate 
the provisions of this Act, shall be liable to the State of Ari¬ 
zona for a penalty of not less than One Hundred Dollars 
($100.00), nor more than One Thousand Dollars ($1,000.00) 
for each offense; and suit shall be brought to r^e- 
cover such penalty, in a court of competent jurisdiction, in the 
name of the State of Arizona, by the Attorney General or 
by the County Attorney of any county in or through wh'ich 
said railroad may be operated. 



REFERENDUM 


13 


Sec. 3. All Acts and parts of Acts in conflict with the 
provisions of this A-ct are hereby repealed. 


NOTE.—The foregoing Act was passed by the Legislature and Ref¬ 
erendum ordered by petition of the people, filed in the office of the Secre¬ 
tary of State August 14, 1912 and approved by a majority of the votes 
cast thereon at the general election held on the 5th day of November, 1912. 
There were 11,286 votes cast for said Act and 7,408 against, and was pro¬ 
claimed by the Governor on December 5th, 1912. 

SECRETARY OF STATE. 


REFERENDUM 


HOUSE BILL NO. 50 
(Chapter 47, Laws of 1912.) 

AN ACT 

To Provide Adequate Punishment for any Person Who Shall 
Engage or Act in the Capacity of a Locomotive Engineer, 
or Train Conductor, Upon any Railroad in the State of 
Arizona, Without Having First Served Three Years as 
a Locomotive Fireman, or Engineer, or if Engaged as a 
Conductor on any Railroad Train in This State, He Shall 
Be Punished as Herein Provided if He Engages to so 
Act Without First Having Served Three Years as a 
Brakeman or Conductor of a Freight Train; To Punish 
any P*erson Who Shall Knowingly Engage, Promote, 
Require, Persuade, Prevail Upon or Cause any Person to 
do any Act in Violation of this Act; But Exempting Lines 
Operating of Less than Twenty-five Miles in Length 
From the Operation of this Act. 

Be it Enacted by the Legislature of the State of Arizona : 

Section 1. If any person shall run or operate any loco¬ 
motive engine upon any railroad in the State of Arizona, with- 





14 


REFERENDUM 


out having served three years prior thereto as a fireman or 
engineer on a locomotive engine, he shall be deemed guilty 
of a misdemeanor, and he shall be punished by a fine of not 
less than twenty-five dollars nor more than five hundred dol¬ 
lars, and each day he so engages shall constitute a separate 
of¥ense. 

Sec, 2. If any person shall act or engage to act as a con¬ 
ductor on a railroad train in this State without having for 
three years prior thereto served or worked in the capacity of 
a brakeman or conductor on a freight train on a line of rail¬ 
road, he shall be deemed guilty of a misdemeanor, and shall 
be punished by a fine of not less than twenty-five dollars nor 
more than five hundred dollars; and each day he so engages 
shall constitute a separate offense. 

Sec. 3. If any person shall knowingly engage, promote, re¬ 
quire, persuade, prevail upon or cause any person to do any act 
in violation with the provisions of the two preceding sections 
of this Act, he shall be deemed guilty of a misdemeanor, and 
shall be punished by a fine of not less than twenty-five dollars 
nor more than five hundred dollars; and each da}^ he so engages 
shall constitute a separate offense. 

Sec. 4. Nothing in this Act shall be construed as apply¬ 
ing to the running or operating of engines, in taking said en¬ 
gines to or from trains at division terminals by engine host¬ 
lers, or the shifting of cars or making up trains, or doing any 
work appurtenant thereto at engine houses, train or freight 
yards by switchmen or yardmen, or in the case of the disabil¬ 
ity of an engineer or conductor while out on the road between 
division terminals. In case of emergency, where such com¬ 
panies cannot obtain the employes mentioned in this Act who 
have the qualifications prescribed by the provisions thereof, 
then such companies may employ temporary engineers and 
conductors who have not the qualifications prescribed by this 
Act until such trains reach their terminals. 


REFERENDUM 


15 


Sec. 4a. The provisions of this Act shall not apply to 
any railroad company within this State, or the receiver or 
lessee thereof, whose line of railway is less than twenty-five 
miles in length. 

Sec. 5. All Acts and parts of Acts in conflict with the 
provisions of this Act are hereby repealed. 


NOTE.—The foregoing Act was passed by the Legislature and Ref¬ 
erendum ordered by petition of the people, filed in the office of the Secre¬ 
tary of State August 14, 1912 and approved by a majority of the votes 
cast thereon at the general election held on the 5th day of November 1912. 
There were 10,921 votes cast for said Act and 7,956 against, and was pro¬ 
claimed by the Governor on December 5th, 1912. 

SECRETARY OF STATE. 


REFERENDUM 


HOUSE BILL NO. 43 
(Chapter 43, Laws of 1912.) 

AN ACT 

Limiting the Number of Cars in a Train. 

Be it Enacted by the Legislature of the State of Arizona: 

Section 1. It shall be unlawful for any person, firm, as¬ 
sociation, company or corporation, operating any railroad in 
the State of Arizona, to run, or permit to be run, over his, 
their, or its line or road, or any portion thereof, any train con¬ 
sisting of more than seventy freight, or other cars, exclusive 
of caboose. 

Section 2. It shall be unlawful for any person, firm, as¬ 
sociation, company or corporation, operating any railroad in 
the State of Arizona, to run, or permit to be run, over his, 





16 


REFERENDUM 


their, or its line or road, or any portion thereof, any passenger 
train consisting of more than fourteen cars. 

Section 3. Any person, firm, association, company or 
corporation, operating any railroad in the State of Arizona, 
who shall wilfully violate any of the provisions of this act, 
shall be liable to the State of Arizona for a penalty of not 
less than one hundred dollars, nor more than one thousand 
dollars, for each offense; and such penalty shall be recovered 
and suits therefor brought by the Attorney General, or under 
his direction, in the name of the State of Arizona, in any 
county through which such railway may be run or operated, 
provided, however, that this act shall not apply in cases of 
engine failures between terminals. 

Section 4. All acts and parts of acts in conflict with the 
provisions of this act are hereby repealed. 


NOTE.—The foregoing Act was passed by the Legislature and Ref¬ 
erendum ordered by petition of the people, filed in the office of the Secre¬ 
tary of State August 14, 1912 and approved by a majority of the voters 
cast thereon at the general election held on the 5th day of November, 1912. 
There were 10,709 votes cast for said Act and 8,228 against, and was pro¬ 
claimed by the Governor on December 5th, 1912. 

SECRETARY OF STATE. 


REFERENDUM 

SENATE BILL NO. 24 (Special Session) 

(Chapter 5, Laws of 1912.) 

AN ACT 

To Provide for and to Regulate Transportation of Passengers 
By Common Carriers on Railroads Within the State of 
Arizona. 

Be it Enacted by the Legislature of the State of Arizona: 

Sec. 1. No company, or corporation, operating a railroad, 
other than a street or electric railroad, in whole or in part, 




REFERENDUM 


17 


within this State, shall ask, demand, or receive, for first-class 
transportation, for each passenger between points within this 
State, on the portion of its railroad operated within this State, 
more than three cents per mile, until otherwise provided by 
law; provided, however, that the Corporation Commission 
shall have the power to exempt any railroad from the opera¬ 
tion of this section, upon satisfactory proof that such railroad 
cannot earn a just and reasonable compensation for the ser¬ 
vices rendered by it to the public, if not permitted to charge 
more than three cents per mile for the transportation of pas¬ 
sengers within this State. 

Sec. 2. Any company, or corporation, operating a rail¬ 
road, as provided in the preceding section, that shall violate 
any of the provisions of this Act, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof, shall be fined not 
less than Fifty Dollars ($50.(X)) and not more than Three Hun¬ 
dred Dollars ($300.00) for each offense. Each and every vio¬ 
lation shall constitute a separate offense. 

Sec. 3. All Acts and parts of Acts in conflict with the 
provisions of this Act are hereby repealed. 


NOTE.—The foregoing Act was passed by the Legislature and Ref¬ 
erendum ordered by petition of the people, filed in the office of the Secre¬ 
tary of State August 14. 1912 and approved by a majority of the votes 
cast thereon at the general election held on the 5th day of November, 1912. 
There were 14,823 votes cast for said Act and 4,835 against, and was pro¬ 
claimed by the Governor on December 5th, 1912. 

SECRETARY OF STATE. 



18 


REFERENDUM 


REFERENDUM 


SENATE BILL 19 (Special Session) 

(Chapter 10, Laws of 1912.) 

AN ACT 

To Amend Paragraphs 615 and 617 of Part 1, Title XVII of 
the Penal Code, Revised Statutes of Arizona, 1901, Said 
Title Relating to Miscellaneous Crimes. 

Be it Enacted by the Legislature of the State of Arizona: 

Sec. 1. That Paragraph 615 of Part 1, Title XVII of the 
Penal Code, Revised Statutes of Arizona, 1901, be and the 
same is hereby amended to read as follows: 

615. The State of Arizona, every department and institu¬ 
tion of the State, every county and municipal corporation 
within the State, every contractor (whether individual, firm, 
partnership, association, or corporation) employed under con¬ 
tract by the State or by any of said departments, institutions, 
counties, or municipal corporations, and every company or 
corporation doing business in the State, shall designate regu¬ 
lar days not more than sixteen days apart as days fixed for 
the payment of wages to the employees thereof, and shall post 
and maintain notices, printed or written, in plain type or 
script, in at least two conspicuous places where said notices 
can be seen by said employees as they go to and from their 
work, setting forth said days as “pay days.” And the State, 
and every such department, institution, corporation, or indi¬ 
vidual, shall pay on each of said days to its or his employees 
in lawful money of the United States, or in negotiable bank 
check, payable on demand, of the date of said day, all wages 
due said employees up to such pay day, except that said State, 
department, institution, corporation, or individual may with- 



REFERENDUM 


19 


hold wages for not more than five days’ labor due any em¬ 
ployee remaining in the service thereof. 

Sec. 2. That Paragraph 617 of Part 1, Title XVII of the 
Penal Code, Revised Statutes of Arizona, 1901, be and the 
same is hereby amended to read as follows: 

617. Every contractor mentioned in Paragraph 615 
hereof and every corporation (except municipal corporations) 
violating any of the provisions of the two preceding sections 
shall be deemed guilty of a misdemeanor, and, upon convic¬ 
tion thereof, shall be punished by a fine of not less than Fifty 
Dollars ($50.00) nor more than Five Hundred Dollars 
($500.00) for each offense. 

Sec. 3. All Acts and parts of Acts in conflict herewith are 
hereby repealed. 

NOTE.—The foregoing Act was passed by the Legislature and Ref¬ 
erendum ordered by petition of the people, filed in the office of the Secre¬ 
tary of State August 14, 1912 and approved by a majority of the votes 
cast thereon at the general election held on the 5th day of November, 1912. 
There were 13,350 votes cast for said Act and 5,986 against, and was pro¬ 
claimed by the Governor on December 5th, 1912. 

SECRETARY OF STATE 


REFERENDUM 


SENATE BILL NO. 42 (Special Session) 

AN ACT 

To Regulate and License the Hunting of Game Birds and Ani¬ 
mals; To Provide Revenue Therefrom; To Preserve 
Game; and To Make Appropriation for the Purpose of 
Carrying out the Provisions of this Act. 

Be it Enacted by the Legislature of the State of Arizona: . 

Sec. 1. No per,son shall at any time shoot, or take in any 
manner, any . game which is by law protected in this State 




20 


REFERENDUM 


without first having in his possession a hunting license as 
herein provided, for the year such shooting is done. Licenses 
shall be issued by the Clerk of the Board of Supervisors, 
State Game Warden, or such deputies as may be designated 
for that purpose by the State Game Warden. Such licenses 
shall be classified as follows: 

(1) A general hunting license shall entitle the person 
therein named to hunt game quadrupeds, birds, and take fish 
during the open season thereof. 

(2) A big game license shall entitle the person therein 
named to hunt game quadrupeds during the open season 
thereof. (Wild turkeys are classified as big game under the 
meaning of this Act.) 

(3) A bird license shall entitle the person therein named' 
to hunt game birds, other than wild turkeys, during the open 
season thereof. 

Sec. 2. Any person of the age of twelve (12) years or 
over may, if a non-resident or alien, procure hunting licenses 
as herein provided by filing his affidavit, and if a resident, by 
filing a certificate, with the County Clerk, State Game War¬ 
den, or any Deputy Warden, authorized to issue hunting 
licenses, stating therein his name, age, height, weight, place 
of residence, post office address, and color of hair and eyes. 
No license shall be issued except on a blank furnished by the 
State Game Warden, and upon payment of the sum herein 
provided for such license. All hunting licenses shall be num¬ 
bered consecutively when printed and shall expire with the 
calendar year in which issued and shall state the name, age, 
height, weight, place of residence, postoffice address, and color 
of hair and eyes of licensees. 

Sec. 3. Any person who has been a bona fide resident of 
this State for the one year then last passed, shall be entitled 
to procure a resident license. 


REFERENDUM 


21 


Any person not a bona fide resident of this State, but who 
is a bona fide resident of the United States, shall be entitled 
to procure a non-resident hunting license. 

Any unnaturalized foreign born person who has lived in 
this State for the one year then last past, shall be entitled to 
procure a resident-alien hunting license. 

Sec. 4. The possession of game at any time, unaccom¬ 
panied by a proper and valid license, as herein provided, shall 
be prima facie evidence that such game was unlawfully taken 
and is unlawfully held in possession and it shall be the duty 
of every person having possession or control of game to pro¬ 
duce the proper license when one is required by this Act, on 
demand of any officer, and permit the same to be copied by 
such officer. Open season for hunting, taking, or possessing 
any of the animals, birds, or fish, protected by this Act shall 
be between the following dates only, both inclusive: 

(1) Male deer and turkey from October 1 to Decem¬ 
ber 15. 

(2) Quail, snipe and rail, from October 15 to February 1. 

(3) Ducks, geese, and brant, from September 1 to April 
1. Doves, and White Wings from June 1 to February 1, 
Trout, from June 1 to September 1. Black Bass, Strawberry 
Bass or Crappie, September 1 to December 1. Any persoli 
who shall take any fish under seven ( 7 ) inches in length, of 
any variety of fish protected by this Act, is hereby required 
to return such fish, as little injured as possible, to the waters 
from which they were taken. Any person failing to abide by 
the provisions of this section shall be guilty of a misdemeanor. 

Sec. 5. It shall be unlawful to kill, trap or snare, or in 
any manner injure or destroy, or have in possession any Ante¬ 
lope, Elk, Goat, or Mountain Sheep, Female Deer, or' Fawn, 
Road-runner, Bob White, Grouse or Pheasant. 


22 


REFERENDUM 


Sec. 6. The right given by this Act to take or kill game 
or hsh is limited to two (2) Male Deer in one season; twenty- 
five (25) Quail in one clay; twenty-five (25) Ducks in one day; 
thirty-five (35) Doves or White Wings in one day; three (3) 
Turkeys in one season; twenty (20) pounds of Trout, B&ss, 
Crappie, or Catfish, or forty (40) individual fish not less than 
seven (7) inches in. length in one day. No game or fish shall 
be held in possession more than five (5) days after the close 
of the season for the killing of same. 

Sec. 7. No game shall be pursued, wounded, taken, or 
killed, with a steel or hard pointed bullet, nor shall any person 
use in the pursuit, taking, wounding, or killing of any animals, 
birds, or fish, protected by this Act, any net, seine, trap, cage, 
snare, salt lick, blinds, scaffold, dead fall, pit, snag hook, trout 
line, artificial light, or similar device whatever, provided, that 
dogs, blinds, sinks and decoys may be used in hunting birds. 

Sec. 8. No game or fish shall be received or held in stor^ 
age except as follows, namely: 

(1) During the open season therefor, and for five (5) 
days thereafter, when the same is stored for the person law¬ 
fully in possession of the same. 

Sec. 9. No game or fish protected by this Act shall be 
held in possession or placed upon the table of any hotel, res¬ 
taurant, cafe, or boarding house, or named in its menu or bill 
of fare, as food for its patrons, either under the name used in 
this Act or under any name or guise whatever, when the same 
shall have been killed or taken in this State except during 
the open season for such game or fish. The naming of game 
and fish upon any menu or bill of fare as food for patrons shall 
be prima facie evidence of the possession of the same by the 
proprietor of such hotel, restaurant, cafe, or boarding house. 
Invoices and bills of lading, and other required proof that 
game or fish comes from without the State, shall be preserved 
by the proprietor for at least thirty (30) days after the con- 


REFERENDUM 


23 


sumption of the game or fish therein described and shall be 
delivered to the State Game Warden or his deputy on demand 
therefor within such time. 

Sec. 10. Every net, trap, explosive, or poisonous or stu¬ 
pefying substance or device, used, or intended for use, in tak¬ 
ing or killing game or fish, in violation of this Acti, and s.et, 
kept, or found, in or upon any of the streams or waters of this 
State, or upon the shores thereof, and every trap, device, blind, 
or deadfall, found baited in violation of this Act, is hereby 
declared a nuisance and may be abated and summarily de¬ 
stroyed by any person, and it shall be the duty of every officer 
authorized to enforce this Act to seize and summarily destroy 
the same and no prosecution or suit shall be maintained for 
such destruction ; provided, that nothing in this Act shall be 
construed as affecting the right of the State Game Warden to 
use such means as may be proper for the promotion of game 
and fish propagation and culture, nor as authorizing the seiz¬ 
ure or destruction of fire arms. 

Sec. 11. The necessary and ordinary fees and expenses 
of every posse lawfully summoned and engaged in the enforce¬ 
ment of this Act, shall be taxed as part of the costs, and if not 
collected from the person liable therefor, shall be paid out of 
the game protection fund. 

Sec. 12. Whenever, upon conviction, the person con¬ 
victed fails to pay the fine and costs imposed upon him, if 
over eighteen (18) years of age, he shall be committed to the 
county jail and shall there be kept confined one (1) day for 
each dollar of the fine and costs adjudged against him and he 
shall not be discharged or released therefrom by any board of 
officers, except upon the payment of the portion of the fine 
and costs remaining unserved or upon the order of the Gov¬ 
ernor of this State. 

Sec. 13. If the holder of any license shall persistently, or 
flagrantly, or knowingly, violate or countenance the violation 


24 


REFERENDUM 


of any of the provisions of the game laws, such license shall 
be revoked by the Game Warden after due notice shall have 
been given the alleged violator and opportunity afforded him 
to appear and show cause against the revocation of such 
license. 

Sec. 14. In any prosecution under this Act, any partici¬ 
pant in violation thereof, when so requested by the County 
Attorney, State Game Warden, or other officers instituting the 
prosecution, may testify as witness against any other persons 
charged with such violations and his evidence, so given, shall 
not be used against him in any prosecution for such violation. 

Sec. 15. It shall be the duty of every Justice of the Peace 
and Clerk of the Court before whom any prosecution under 
this Act may be commenced, or shall go on appeal, and within 
twenty (20) days after the trial or dismissal thereof, to report 
in writing the results thereof, and the amount of fines col¬ 
lected, if any, and the di.sposition thereof, to the State Game 
Warden. 

Sec. 16. The State Game Warden shall have the power 
to appoint such deputies as he may deem necessary, ^uch 
deputies as may be designated as license collectors or who 
shall receive per diem salaries shall be required to furnish 
bond in the sum of five hundred dollars ($500.00) for the faith¬ 
ful performance of their duties. The State Game Warden 
shall have the power to pay such deputies as he shall desig¬ 
nate, for specific duties, a per diem of three dollars ($3.00)i 
and actual necessary expenses, while under the direct order 
of the State Game Warden to perform services in enforcement 
of the game and fish laws; Provided, that the per diem ex¬ 
penses.and salary of the deputies shall be paid semi-monthly 
upon verified vouchers under oath and approved by the State 
Game Warden out of the game protection fund; Provided, 
further, that the State Game Warden shall not designate depu¬ 
ties for services requiring per diem or expenses except when 


REFERENDUM 


25 


there shall be sufficient funds in the game protection fund to 
pay for such services as in this section provided. 

Sec. 17. The State Game Warden may issue permits to 
any person to take, capture, kill, transport within or out of the 
State, or import into the State, any game, birds, or fish, men¬ 
tioned in this Act, at any time when satisfied that such person 
desires the same exclusively as specimens for scientific or 
propagating purposes. Such permits shall be in writing and 
shall state the kind and number to be taken and the manner 
of taking, the name of the person to whom issued, and if im¬ 
ported into the State the name of the State or territory from 
which shipped, and the name of the person shipping such 
game, birds, or fish, and shall be signed by him, and such per¬ 
mit shall not be transferable nor shall it be lawful to sell or 
barter any of the animals, birds, or fish, taken or imported 
under such permit, for food purposes, and the holder of such 
permit shall be liable to the penalties provided in this Act 
if he violates any of its provisions. 

Sec. 18. The State Game Warden may authorize the re¬ 
demption by any resident of this State, of any young animal 
which has been abandoned by its mother and taken in good 
faith for purpose of saving its life, but not more than four (4) 
such animals shall be redeemed by one person at the same 
time. He may also at any time and in any manner take any 
game running at large within the State, for the purpose of 
pro])agating in any other part of the State. 

Sec. 19. The State Game Warden, if he so elect, or any 
other officer charged with the enforcement of the laws relating 
to game and fish, if so directed by the State Game Warden, 
may bring civil action in the name of the State against any 
person unlawfully wounding or killing, or having unlawfully 
in possession, any game quadruped, bird, or fish, or part there¬ 
of, and recover judgment for each such animal or part thereof, 
the following minimum sums as damage for the taking, kill- 


26 


REFERENDUM 


ing or injuring thereof, to-wit: For each Elk, $200.00; for 
each Deer, $50.00; for each Antelope, $100.00; for each Moun¬ 
tain Sheep or Goat, $200.00; for each Bird, $10.00; for each 
Fish, $1.00. No judgment or verdict recovered by the State 
in such action shall be less than the sum hereinbefore fixed. 
Such action and damages may be joined with the action for 
possession and recovery had for the possession and also the 
damages therefor, aforesaid. Neither the pendency nor the 
determination of such action, nor the payment of such judg¬ 
ment, nor the pendency determined of a criminal prosecution 
for the same taking, wounding, killing or possession, shall be 
a bar to the other, nor affect the right of the other. 

Sec. 20-. The State Game Warden shall keep a seal of 
office which shall be used to authenticate all papers and docu¬ 
ments issued and executed by him as such officer. 

Sec. 21. The State Game Warden shall keep a record of 
all moneys received and all licenses, certificates, permits and 
tags, issued by him, numbering each class separately, and upon 
satisfactory proof that any license, certificate, or permit has 
been lost before the expiration thereof, he may issue a dupli¬ 
cate therefor for which the applicant shall pay the sum of ten 
($.10) cents. The State Game Warden and license collectors 
shall charge and collect the following fees: For each general 
license to residents, 50 cents; For each big game license, non¬ 
resident, $25.00; for each big game license, alien, $100.00; for 
each bird license, non-resident, $10.00; for each bird license, 
alien, $25.00; for each permit to transport out of the State, 
deer, or turkey, each $2.00; for each duplicate license or per¬ 
mit, .10. 

Sec. 22. It shall be unlawful for any person in the State 
of Arizona to use a gun of larger'caliber than that commonly 
known and designated as number ten gauge, for the purpose 
of destroying any wild turkey, dove, quail, wild duck, wild 
goose, snipe, or rail. 


REFERENDUM 


27 


Sec. 23. It shall be unlawful for any person in the State 
of Arizona to take, gather, or destroy, or have in possession 
at any time, the eggs of any quail, bob-white, partridge, grouse 
pheasant, dove, wild turkey, wild duck, wild goose, brant, 
snipe, rail, or any song bird of any kind. 

Sec. 24. It shall be unlawful for any person to shoot a 
rifle, revolver, or shot gun of any caliber or gauge upon, from, 
or across any public highway of the State of Arizona, where 
there is cultivated land or dwelling houses either side, thereof, 
or where shot from such gun shall fall in, or pass over any 
cultivated land or dwelling houses, or among stock, or other 
animals grazing on land contiguous to such public highway. 

Sec. 25. It shall be unlawful for any person in the State 
of Arizona, at any time to hunt, pursue, kill, or destroy, any 
lark, thrush, sparrow, swallow, grosbeak, or tanager, or any 
other song bird of any kind, provided, that nothing in this 
Act be so construed as to interfere with the collection of birds 
for scientific purposes by the Curator of the State Museum, 
or by any other person authorized by the State Game Warden 
of this State to collect. 

Sec. 26. It shall be unlawful for any Indian in the State 
of Arizona, at any time, to hunt, take, pursue, kill, or destroy, 
any game or fish mentioned in this Act off the Government 
reservation to which he belongs. 

Sec. 27. All American born persons, residents of this 
State, under the age of seventeen (17) years may have the 
same privileges as one holding a general license, without cost, 
provided they are accompanied by a person holding a general 
license. 

Sec. 28. It shall be the duty of the State Game Warden, 
and he shall have the authority, to procure the printing of all 
forms and blanks that may be required to carry out the intent 
of this Act and not inconsistent herewith, and all necessary 


28 


REFERENDUM 


blanks shall be furnished by him to the several license collect¬ 
ors. No license shall be issued except on an application sworn 
to by the applicant, and any false statement in any application 
shall render the license issued thereon void. Every license 
collector shall keep a correct and complete record of every* 
license issued by him, which record shall remain in his ofihce 
and be open to inspection of the public at all times. All mon¬ 
eys collected for licenses shall be sent to the State Treasurer 
on or before the 10th day of the month following, and license 
collectors shall report to the State Game Warden the number 
of licenses issued, and the amount of money remitted. 

Sec. 29. All moneys sent to the State Treasurer in pay¬ 
ment of hunting licenses, permits, certificates, fines, penalties, 
or forfeitures, shall be set aside by him, and shall constitute 
a fund to be known as the game protection fund, for the pay¬ 
ment of the printing, publishing of reports, postage, express, 
and other necessary and office expenses, the salary of the State 
Game Warden, and the per diem salaries and necessary ex¬ 
penses of deputies, for the purchase, transportation, distribu¬ 
tion, and propagation, of game and fish. The State Game 
M’arden shall not issue any voucher, nor shall the State Audi¬ 
tor approve any such voucher issued by the State Game War¬ 
den under the provisions of this Act, or otherwise, for any 
services or expenses of any kind, unless the money to pay 
such voucher shall at the time be on hand to pay the same. 

Sec. 30. All moneys collected for fines under this Act 
shall be immediately paid over by the Justice of the Peace or 
clerk collecting or receiving the same as follows: One-half to 
the State Treasurer to be by him credited to the game protec¬ 
tion fund, and one-half to the person or deputy instituting the 
prosecution, except in cases where such prosecution is insti¬ 
tuted by salaried officers, in which case such fines shall all be 
paid over to the State Treasurer to be by him credited to the 
game protection fund. The State Treasurer shall render 


REFERENDUM 


29 


monthly statements to the State Game Warden showing all 
moneys received and paid out under the provisions of this Act. 

Sec. 31. The English or European sparrow, great horned 
owl, and all species of hawks, are not included among the birds 
protected by this Act. 

Sec. 32. Prosecution under this Act may be commenced 
within one (1) month from the date of violation of any of the 
provisions of this Act, either by complaint or information. 

Sec. 33. Nothing in this Act shall prevent a citizen of the 
State of Arizona from taking or keeping any wild bird in any 
cage, as a domestic pet, provided that such bird shall not be 
sold or exchanged or offered for sale or exchange, or trans¬ 
ported out of this State. 

Sec. 34. It shall be unlawful for any person or persons to 
catch, kill, or have in his or their possession, any species of 
trout or game food fish found in any of the public streams or 
waters of this State unless said fish has been taken with a 
hook and line attached to a rod or held in the hand, and any 
person or persons, catching, killing or having in their posses¬ 
sion, any such fish, taken in any other manner shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be 
punished by a fine of not less than twenty-five dollars ($25.00) 
nor more than fifty dollars ($50.00) or by imprisonment for 
not less than ten (10) days nor more than thirty (30) days, or 
by both such fine and imprisonment, in the discretion of the 
court, and every fish caught or killed in violation hereof shall 
constitute a separate and distinct offense. 

Sec. 35. Any person violating any of the provisions of 
this Act shall be punished by a fine of not less than ten dollars 
($10.00) nor more than one hundred dollars ($100.00) or by 
imprisonment for not less than ten (10) days nor more than 
ninety (90) days, or by both such fine and imprisonment, in. 
the discretion of the court. 


30 


REFERENDUM 


Sec/ 36. Within thirty (30) days after the becoming 
eff-ective of this Act, there shall be appointed by the Governor 
of the State of Arizona an officer to be known as the State 
Game Warden of the State of Arizona, whose term of office 
shall be two (2) years and until his successor shall be ap¬ 
pointed and shall have qualified. His duties shall be as pre¬ 
scribed by this Act. 

Sec. 37. Such State Game Warden shall before entering 
upon the discharge of his duties qualify by taking the oath 
required by law to be taken by officers of the State of Arizona 
and by filing with the Secretary of State of Arizona, af'te'r 
approval by the Governor, a good and sufficient bond with two 
or more sureties in the sum of two thousand dollars ($2,000.00) 
conditional for the faithful performance and discharge of his 
duties, and shall receive in full compensation for his services 
the sum of twelve hundred dollars ($1200.00) per annum to 
be paid semi-monthly out of the game protection fund, or in 
case such fund is insufficient, so much thereof as cannot be 
paid from the game protection fund shall be paid from the gen¬ 
eral fund of the State from the State Treasury in the same 
manner as the salaries of other State officers are paid. 

Sec. 38. Such State Game Warden shall have the power 
to appoint deputies in every county of this State (and to re¬ 
move the same from office), who shall be residents of the 
county for which they are appointed, and who shall be especi¬ 
ally charged with the duty of enforcing the fish and game laws 
of the State of Arizona, in their respective counties, and such 
deputies shall receive in full compensation for their services 
one-half of all the fines imposed upon prosecutions procured or 
instituted by them, and convictions secured thereunder for vio¬ 
lation of the fish and game laws of this State, and each deputy 
as appointed shall qualify by filing with the State Game War¬ 
den of the State of Arizona an oath of office in the form pre¬ 
scribed by law for State officers. It shall be the duty of the 
State Game Warden of the State of Arizona and of every dep- 


REFERENDUM 


31 


uty, within said deputy’s county, rigidly and strictly to care 
for and enforce the provisions of this and all other laws of the 
State of Arizona, for the protection of fish and game of what¬ 
soever kind or description, and to institute, or cause the in¬ 
stitution of, prosecutions for any and all violation of such laws, 
and to that and such State Game Warden and each and every 
one of his deputies within their respective counties as afore¬ 
said, are hereby authorized and required to arrest, or cause to 
be arrested, all violators of such laws, and to lodge accusations 
against them in a court of competent jurisdiction in the prem¬ 
ises ; to gather evidence in behalf of the prosecution of such 
offenders, and to do any and all things necessary to the pun¬ 
ishment hereunder and under the laws of this State on the 
subject of fish and game and the protection thereof. And such 
State Game Warden or such deputy shall be liable to a fine 
of not less than one hundred dollars ($100.00) nor more than 
two hundred and fifty dollars ($250.00) or to imprisonment 
for not less than thirty (30) days nor more than ninety (90) 
days for the failure to arrest and prosecute any person violat¬ 
ing any of the provisions of this Act; provided, that such vio¬ 
lations come within the knowledge of such warden or deputy. 
The conviction thereof shall also operate as a removal of such 
person from office. 

Sec. 39. There is hereby appropriated out of any moneys 
in the State Treasury, not otherwise appropriated the sum of 
five hundred dollars ($500.00) for the purpose of carrying out 
the provisions of this Act, to be used by the State Game War¬ 
den for the printing and binding of suitable books and blanks 
required herein. The State Auditor is hereby authorized to 
draw his warrant for such expenditures as are provided herein, 
at such times and in such amounts as may be approved by the 
State Auditor and the Treasurer is directed to pay the same. 

Sec. 40. No license shall be required by any person who, 
during the open season, on his own lands, hunt, pursues, or 
kills, any of the wild birds or animals protected by the laws of 


32 


REFERENDUM 


this state, nor shall this Act apply to the taking of fish from 
private artificial ponds or reservoirs with the permission of 
the owner. 

Sec. 41. All Acts and parts of Acts in conflict with the 
])rovisions of this Act are hereby repealed. 

Approved June 24, 1912. 


NOTE.—The foregoing Act was passed by the Legislature and Ref¬ 
erendum ordered by petition of the people, filed in the office of the Secre¬ 
tary of State September 20, 1912 and approved by a majority of the votes 
cast thereon at the general election held on the 5th day of November, 1912. 
There were 13,121 votes cast for said Act and 6,334 against, and was pro¬ 
claimed by the Governor on December 5th, 1912. 


SECRETARY OF STATE. 



INDEX 



INDEX 

Constitutional Amendments and Referendum 


A 

Page 

AMENDMENTS: 

Constitution, Sec 1, Article VIII, Recall of Judges. 1 

Constitution, Sec. 11, Article IX, Taxation. 3 

Constitution, Article II, Industrial Pursuits. 2 

Constitution, Sections 2 and 15, Article VII, Woman Suffrage. 5 

Constitution, Section 8, Article IX, Limit of Municipal Indebt¬ 
edness . 4 

Par. 2904, R. S. 1901, Liens... 7 

Sec. 615, Penal Code, Miscellaneous Crimes. 18 

Sec. 617, Penal Code, id. 18 

ATTORNEY GENERAL: 

To bring suit for penalty for exceeding limit of cars in train. 16 

ANTELOPE: 

Not to be killed . 21 

APPROPRIATION: 

For enforcement of fish and game laws. 31 

B 

BASS; 

Number of that may be caught. 21 

Open season for . 21 

BOB WHITE: 

Not to be killed . 21 

c 

CARS: 

Maximum number of in train. 15 





















36 


INDEX 


Page 

CONSTITUTION: 

Amendment, Sec. 8, Article IX, relating to limit of municipal 

indebtedness . 4 

Amendment of Sec. 11, of Article IX, Taxation. 3 

Amendment to Sec. 1, Article VIII, Recall of Judges... 1 

Amendment, Article II, Industrial Pursuits. 2 

Amendment, Sections 2 and 15, Article VII, Women Suffrage. 5 

CORPORATION COMMISSION: 

May exempt railroads from operation of three-cent fare. 17 

CRAPPIE: 

Number that may be caught.;. 22 

Open season for . 21 

D 

DEER: 

Female or fawn not to be killed. 21 

Number of that may be killed. 22 

Open season for . 21 

DOVES: 

Open season for. 21 

DUCKS: 

Number of that may be killed. 22 

Open season for . 21 

E 

EEK: 

Not to be killed . 21 

F 

FISH: 

Minimum size of, may be caught. 22 

Not to be taken by nets, traps, explosives, etc. 22 

Number of that may be caught.. 22 

Open season for . 21 

Storage of . 22 






















INDEX ► 37 

G 

Page 

GAME BIRDS AND ANIMALS: 

Damages for unlawfully killing . 23 

Disposition of license moneys. 28 

Hunting license required . 19 

License fees . 26 

Limit of number that may be killed. 22 

Nets, traps, explosives, etc., prohibited. 23 

Open season for hunting. 21 

State Game Warden . 24 

Violation of Game Laws . 29 

When may be held in storage. 22 

GEESE: 

Open season for . 21 

GROUSE: 

Not to be killed. 21 

H 

HUNTING: 

License for .;.. 20 

(See Game Birds and Animals.) 

HEADLIGHTS: 

Required to be used on locomotives.. 12 

I 

INDIANS: 

Not to hunt game off reservation. 27 

initiation PETITION: 

Constitutional Amendments, Sections 2 and 15, Article VII, 
Woman Suffrage . 5 

J 

JOINT RESOLUTION: 

Amendment to Constitution, Article H, Industrial Pursuits. 2 



















38 


INDEX 

L 


Page 

LABOR: 

Liens on mines and mining claims... 7 

Number of cars in train limited. 15 

Number of men to be employed on trains and engines. 9 

LIENS: 

On mines and mining claims. 7 

Preferred to other liens . 8 

LICENSES: 

Fees for hunting . 26 

Hunting . 20 

Hunting, not to be required of person on his own land. 31 

M 

MINES AND MINING: 

Liens on mines and mining claims. 7 

MINORS: 

Under seventeen years of age may hunt without a license. 27 

MISDEMEANOR: 

Failing to pay wages or salary semi-monthly. 19 

Game Warden failing to enforce game laws. 31 

Railroad charging ;nore than three cents per mile. 17 

Taking fish under seven inches in length. 21 

Violation of game laws... 23 

MOUNTAIN SHEEP: 

Not to be killed . 21 

MUNICIPAL CORPORATIONS: 

Constitutional amendment relating to limitation of indebtedness.^. 4 

P 

PASSENGER FARES: 

Not to exceed three cents per mile. 17 

PAY-DAY: 

Salaries to be paid semi-monthly. 18 




















INDEX 39 

Page 

PENALTY: 

Failing to equip locomotives with electric headlights.!. 12 

PHEASANT: 

Not to be killed ... 21 


Q 


QUAIL: 

Number of that may be killed. 22 

Open season for . 21 


R 

RAILROADS: 

Not to receive more than three cents per mile for passenger fare 

Number of cars in train... 

Number of men to be employed on trains and engines. 

Regulating headlights on locomotives... 

REFERENDUM: 

An Act to amend Paragraphs 615 and 617 of Part 1, Title XVII 
of the Penal Code, Revised Statutes of Arizona, 1901, said 


Title relating to Miscellaneous crimes . 18 

An Act to amend paragraph 2904 (Section 25) of Chapter II, 
Title 40, of the Revised Statutes of Arizona, 1901, relating 

to Liens . 7 

An Act limiting the number of cars in a train. 15 


An Act to provide adequate punishment for any person who shall 
engage or act in the capacity of a locomotive engineer or train 
conductor, upon any railroad in the State of xAirizona, without 
having first served three years as a locomotive fireman, or 
engineer, or if engaged as a conductor on any railroad train 
in this State he shall be punished as herein provided if he 
engage to so act without first having served three years as 
a brakeman or conductor of a freight train ; to punish any 
person who shall knowingly engage, promote, require, per¬ 
suade, prevail upon or cause any person to do any act in vio¬ 
lation of this Act; but exempting lines operating of less than 


twenty-five miles in length from the operation of this Act. 13 

An Act regulating headlights on all locomotives; and providing 

a penalty for violation of the provisions of this Act. 12 

An Act to provide for and to regulate transportation of passengers 

by common carriers on railroads within the State of Arizona.. 16 


.... 17 
.... 15 
.... 9 

.... 12 














40 


INDEX 


Page 

An Act to regulate and license the hunting of game birds and 
animals; to provide revenue therefrom; to preserve game; 
and to make appropriation for the purpose of carrying out 

the provisions of this Act. 19 

An Act regulating the number of men to be employed on trains 
and engines . 9 

ROAD RUNNER: 

Not to be killed . 21 

s 

SALARIES: 

State or public institutions or municipal corporations, etc., payable 

semi-monthly . 18 

SEMI-MONTHLY PAY DAY: 

By corporations and others . 18 

By State . 18 

By State institutions and public works. 18 

SNIPE: 

Open season for . 21 

STATE GAME WARDEN:. 

How appointed . 30 

Invoices of fish and game shipped from without the State. 22 

May appoint deputies . 24 

May authorize the redemption of young animals. 25 

May bring action to recover penalties for unlawfully killing game.. 25 

May issue hunting license .. 26 

May issue permits to capture game. 25 

May revoke hunting license . 24 

May seize unlawful appliances for hunting. 23 

vShall collect license fees . 26 

Shall prepare necessary blanks. 27 

To give bond . 30 

To keep seal of office. 26 

STATE TREASURER: 

Fines to be paid to. 28 

Money received for hunting licenses to be paid to. 28 
























INDEX 41 

Page 

T 

TAXATION: 

Amendment to Constitution relating to... 3 

THREE CENTS: 

Maximum passenger fare per mile. 17 

TROUT: 

Number of that may be caught. 22 

TRAIN CREWS: 

Number of men to be employed as. 9 

w 

WAGES: 

Pay day . of State or municipality semi-monthly. 18 

Pay day of Corporation, semi-monthly, etc. 18 

WHITE WINGS: 

Open season for . 21 

WOMAN SUFFRAGE: 

Amendment to the Constitution, Sections 2 and 15 Article VH. 5 












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